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Brescia Court Overturns Venditti Device Seizure Again as Prosecutors Mull Cassation Appeal

The ruling faults generic digital search orders that failed to set time limits or keywords.

Overview

  • The Tribunale del Riesame di Brescia annulled the October 24 seizure of Mario Venditti’s phones and computers and ordered their return, extending the decision to devices taken from former carabinieri Giuseppe Spoto and Silvio Sapone.
  • Although restitution was ordered, Brescia prosecutors and the Guardia di Finanza currently retain the devices for a prosecutor-ordered accertamento irripetibile on forensic copies, while the defense seeks an incidente probatorio and immediate delivery.
  • Judges criticized the decree as overly broad for attempting an 11‑year search without specified keywords, requirements the defense noted are mandated by statute and Cassation case law.
  • The Procura has signaled a possible appeal to the Corte di Cassazione, as repeated disseizures raise questions about the strength of the corruption theories tied to the Garlasco track and the so‑called Sistema Pavia.
  • Separately, items seized from Giuseppe Sempio—including a phone, a USB stick, and SIM cards—remain with investigators because he did not seek review, and further witness questioning in Brescia continues.